NJSBA Family Law Section

 View Only

  • 1.  Length of marriage includes pre-marital cohabitation?

    Posted 06-15-2018 12:55 AM
    What is the case that says courts may consider the length of pre-marital cohabitation in order to assess alimony or equitable distribution? (especially for same-sex couples who could not enter into any legally recognized relationship in NJ before 2004 and had no right to alimony until 2007)

    ------------------------------
    Leslie Farber Esq.
    Montclair NJ
    Ph. (973)509-8500
    email: [email protected]
    ------------------------------


  • 2.  RE: Length of marriage includes pre-marital cohabitation?

    Posted 06-15-2018 05:24 AM

    McGEE v. McGEE, 

    277 N.J. Super. 1 (1994)





    Original Message


  • 3.  RE: Length of marriage includes pre-marital cohabitation?

    Posted 06-15-2018 07:35 AM
    McGee is really about the behavior of the parties during the pre-marital period. Husband was truly a jerk and wife was truly disadvantaged by loss of property and work ability at end of marriage. Leslie- call me - there are more persuasive cases out of Massachusetts- they have ruled several times that same sex couples prevented from marrying who did what they could and lived as if they were married and then married when they could should absolutely have the benefits of the tacking on of pre-marital period. The hard part now is that many couples delayed doing a CU or marrying and want tacking when they could have created the legal relationship- they then fall into the crowd of all unmarried couples who cohabitate. Also look at any case involving constructive trusts - and whether you could survive the statute of frauds on palimony claim

    ================================
    Debra E. Guston, Esq.

    Immediate Past President - Academy of Adoption & Assisted Reproduction Attorneys 
    201-447-6660 w
    201-417-8252 c



    Original Message


  • 4.  RE: Length of marriage includes pre-marital cohabitation?

    Posted 06-15-2018 12:47 PM

    If you are looking for caselaw regarding rights accruing during cohabitation prior to marriage, take a look at Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016) where Supreme Court reversed Appellate Court and supported wife's claim for a portion of a Closing Bonus husband received for employment over many years that pre-dated marriage based on Unjust Enrichment.

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com

     




    Original Message